Marie-Bénédicte Dembour

Exploring the colonial experience through the respondents' memories resulting in a far more complex picture of the colonial situation than she had anticipated, again forcing her to question her original assumptions. This resulted not only in a more differentiated persective on Belgian colonialist rule, but it also sensitized her as regards the question of anthropological understanding and of what constitutes a historical fact.

Conversations and Introspection

Recalling the Belgian Congo

Tobias Kelly

This volume examines how international justice can take purchase despite social conflict and political violence.

Social and Legal Perspectives

Paths to International Justice

Jane K. Cowan

Richard A. Wilson

Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case-studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives.

Anthropological Perspectives

Culture and Rights

When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' memories resulted in a far more complex picture of the colonial situation than she had anticipated, again forcing her to question her original assumptions. This resulted not only in a more differentiated perspective on Belgian colonialist rule, but is also sensitized her as regards the question of anthropological understanding and of what constitutes historical fact. These two aspects of her work are reflected in this study that offers specific material on the way Belgian colonialism is remembered and reflects on its conditions of production, thus combining ethnographic analysis with a theoretical essay.

The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

Study of the European Court of Human Rights with an Inter-American Counterpoint

When Humans Become Migrants

Do people everywhere have the same, or even compatible, ideas about multiculturalism, indigenous rights or women's rights? The authors of this book move beyond the traditional terms of the universalism versus cultural relativism debate. Through detailed case studies from around the world (Hawaii, France, Thailand, Botswana, Greece, Nepal and Canada) they explore the concrete effects of rights talk and rights institutions on people's lives.

Marie-Bénédicte Dembour

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